Right to counsel

While a state may have many statutes, court decisions, or court rules governing
appointment of counsel for a particular subject area, a "Key Development" is a
statute/decision/rule that prevails over the others (example: a state high court
decision finding a categorical right to counsel in guardianships cases takes
precedence over a statute saying appointment in guardianship cases is
discretionary).

Legislation, Abuse/Neglect/Dependency - Children

As per M.G.L. ch. 119, § 29, children have a right to appointed counsel in all of the following types of custody proceedings (and must informed of the right as well):

(1) Children who have reached adulthood but are still the responsibility of the Department under M.G.L. ch. 119, § 23(a)(1);

(2) the Department of Children and Family's application or petition for an order of the probate court granting responsibility for the child to the Department based on the child's lack of proper guardianship due to death, unavailability, incapacity, or unfitness. under M.G.L. ch. 119, § 23(a)(3);

(3) a hearing on a petition brought by any person alleging that the child is being abused or neglected or otherwise requires the care and protection of the Department of Children and Families, including removal from the home and transfer of custody to the Department under chapter 119, §§ 24 & 26;

(4) a determination of custody pending a hearing on the merits of any petition brought pursuant to chapter 119, § 24. See also ch. 119, § 25 (explaining the procedure for such a hearing);

(5) court determinations of the future status of children committed to the responsibility of the Department, including permanency plan hearings under chapter 119, § 29B; and

(6) appeals of any orders of commitment of children or adjudications that the child is in need of care and protection, including petitions for a review and determination of the current needs of a child, which are brought by the child, parent, guardian, or any person appearing on behalf of the child pursuant to chapter 119, § 26.

If "yes",
the established right to counsel or
discretionary appointment of counsel
is
limited
in some way, including any of: the only authority
is a
lower/intermediate court decision or a city council,
not a high court or state legislature; there
has been
a subsequent case that
has
cast doubt; a statute
is
ambiguous; or the right or discretionary appointment
is not
for all types of individuals or proceedings
within that category.